Overview
Golden Valley County is located in North Dakota with a population of approximately 1,795. The Southwest Judicial District Court handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
North Dakota probate is governed by the Uniform Probate Code (N.D.C.C. Title 30.1). The process begins with filing a Petition for Probate of Will and Appointment of Personal Representative to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
North Dakota offers a simplified process for small estates. If the value of the estate (less liens and encumbrances) does not exceed $100,000, successors may use an Affidavit for Collection of Personal Property to collect assets without full probate. This threshold was recently increased from $50,000.
North Dakota does not have a statutory fee schedule for attorneys or personal representatives; fees must be reasonable based on the services provided.
This guide provides an informational overview of the Golden Valley County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Golden Valley County Courthouse
Probate matters in Golden Valley County are handled at the Golden Valley County Courthouse.
Address: 150 1st Ave SE, Beach, ND 58621
Phone: (701) 872-3713 (Clerk of Court)
Hours: Monday through Thursday, 8:00 AM to 4:00 PM; Friday, 8:00 AM to 1:00 PM
The Clerk of Court's office is located within the courthouse and handles all probate filings. The county is part of the Southwest Judicial District.
Parking and Access
Street parking is generally available around the courthouse in Beach. The building is accessible to the public during business hours.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit: If the estate is valued at $100,000 or less (less liens/encumbrances), you may be able to use an affidavit to collect personal property 30 days after death.
- Joint Tenancy/Survivorship: Assets held in joint tenancy with right of survivorship pass directly to the surviving owner.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Probate with the Southwest Judicial District Court. Include:
- Petition for Probate of Will and Appointment of Personal Representative
- Original will and codicils (if any)
- Certified death certificate
- Filing fee (approximately $80)
- Statement of Informal Probate (if using informal process)
North Dakota allows for e-filing through the Odyssey File & Serve system, which is mandatory for attorneys and optional for self-represented litigants.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing (if formal) or notice of appointment (if informal) to all heirs, beneficiaries, and interested parties within 30 days of appointment.
- Publish notice to creditors in a newspaper of general circulation in Golden Valley County (such as the Golden Valley News) once a week for three successive weeks.
Step 4: Attend the Hearing
For informal probate, a hearing is typically not required unless there is an objection. The Clerk of Court reviews the documents and issues Letters Testamentary or Letters of Administration. For formal probate, a hearing will be scheduled.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify creditors (creditors have 3 months after the first publication to file claims)
- Inventory and appraise all estate assets within 3 months of appointment
- Pay valid creditor claims and estate expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Final Account and petition for discharge to close the estate
Local Requirements
Golden Valley County-Specific Procedures
- E-filing: Attorneys are required to e-file documents. Self-represented litigants may file in paper or use the electronic system.
- Bond requirements: Bond may be required unless waived by the will or by all interested persons.
- Local court rules: The Southwest Judicial District may have specific scheduling practices; contact the Clerk for details.
- Publication: Notice to creditors must be published in the Golden Valley News (or another official county newspaper) for three consecutive weeks.
Always check with the Clerk of Court for the most current local forms and requirements.
Timeline & Fees
Filing Fees (Golden Valley County)
- Probate Filing Fee: approximately $80
- Certified copies of Letters: approximately $10 per certified copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Recording fees: vary by document length (for real estate transfers)
Note: Fees are subject to change. A new fee schedule was effective July 1, 2025.
Payment Methods
The court accepts cash, checks, and money orders. Credit cards may be accepted for e-filing or with an additional convenience fee.
Estimated Timelines
- Simple estates (informal, no disputes): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years
The creditor claim period is 3 months from the date of the first publication of notice. The estate generally cannot be closed until this period expires.
Local Resources
Golden Valley County Court Resources
- Court Website: goldenvalleycounty.org
- Probate Self-Help: ND Legal Self Help Center
- North Dakota Probate Forms: ND Courts Forms
Legal Aid and Attorney Referrals
- State Bar Association of North Dakota: (866) 450-9579 — sband.org
- Legal Services of North Dakota: (800) 634-5263 — Provides legal assistance to low-income and elderly residents.
- ND Free Legal Answers: nd.freelegalanswers.org
Publication
- Golden Valley News: (701) 872-3303 — Official newspaper for legal notices in the county.